The tariff classification of the “Light-Up Assortment” from China

N297416 June 20, 2018 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9503.00.0073; 4911.91.3000 Ms. Lorianne Aldinger Rite Aid Corporation 30 Hunter Lane Camp Hill, PA 17011 RE: The tariff classification of the “Light-Up Assortment” from China Dear Ms. Aldinger: In your letter submitted May 16, 2018, you requested a tariff classification ruling. A sample of the “Light-Up Assortment”, Rite Aid item # 9043133, was submitted with your inquiry. The item is an assortment of two light-up articles which will be classified separately. The first is referred to as a “Magic Lava Lamp.” The item consists a plastic, battery-operated, lamp that must be filled with salt, boiled water and confetti. Stickers are also included in order to decorate the base of the lamp. By following the simple instructions children can create their own personal lava lamp. When completed, children will spend hours being amused by watching the changing colored lights and spinning confetti. The article utilizes light purely for its amusement effect.  The lighting of the surrounding area, if any, is only incidental.  Rather, it is principally designed for the amusement of children six years of age and older. The second item, the “Marquee Heart,” consists of a paperboard heart with a pre-printed design for coloring, foil trim, a short string of LED lights (with battery pack), mesh tube and rhinestones.  The included markers, tape and glue allow the child to color the heart and attach the foil trim, lights and rhinestones to complete the design.   The printed heart design imparts the essential character of this set.  You state that the printing method is lithography. The applicable subheading for the “Magic Lava Lamp” will be 9503.00.0073, HTSUS, which provides for “Tricycles, scooters, pedal cars and similar wheeled toys…dolls, other toys…puzzles of all kinds; parts and accessories thereof… ‘Children’s products’ as defined in 15 U.S.C. § 2052: Other: Labeled or determined by importer as intended for use by persons: 3 to 12 years of age.” The rate of duty will be Free. The applicable subheading for the Marquee Heart will be 4911.91.3000, HTSUS, which provides for “Pictures, designs and photographs:  Printed not over 20 years at time of production:  Other:  Lithographs on paper or paperboard:  Over 0.51 mm in thickness.”  The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division